Daily_Charter_FY2017-21_TOSOW_Sources_Sought_Draft_10272016.docx

United States Immigration and Customs Enforcement

ICE Air Operations Division

Daily Charter Flight Services

Statement of Work

1.0 Background

The United States Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) is responsible for the detention, health, welfare, transportation and deportation of alien detainees in removal proceedings, and those subject to final order of removal from the United States.

The mission of the Enforcement and Removal Operations (ERO) Program is the planning, management, and direction of broad programs relating to the supervision, detention, and deportation of detainees who are in the United States illegally. These activities are chiefly concerned with the processing and enforcement of departure from the United States of detainees who have entered illegally or have become removable after admission. In implementing its mission, ERO ICE Air Operations Division (IAO) is responsible for carrying out orders for the required departure of detainees handed down in removal proceedings, or prior thereto, and arranging for detention of detainees when such detention becomes necessary. ERO’s responsibilities include providing reliable, safe, and secure mass air transportation of alien nationals placed in federal custody.

In response to orders from immigration law judges, IAO conducts air movements to stage and remove alien nationals to their home countries. In addition, ICE charter flights may be used to support other ICE missions and, at ICE’s discretion and subject to interagency agreements, may be used in support of missions by other federal agencies. Carriage of weapons and mission related equipment may be required on some flights.

To accomplish these tasks, ICE desires to charter aircraft, flight crews, and security crews as described in this Statement of Work (SOW).

1.1 Definitions

Daily Scheduled Large Aircraft—aircraft based in Miami, FL (MIA), Alexandria, LA (AEX), Brownsville, TX (BRO), San Antonio, TX (SAT), or Mesa, AZ (IWA) with daily scheduled flights to include but not limited to North America, Central America, South America, the Caribbean, or domestic destinations.

Contracting Officer (CO)—the person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR)—the individual(s), including alternates, designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

Flight Duty Period (FDP)—shall be governed in accordance with FAR 117. The flight duty period begins when a flight crewmember is scheduled to report for duty with the intention of conducting a flight and ends when the aircraft is parked after the last flight. For flights conducted under this task order, flight crews shall be scheduled to report no more than one (1) hour prior to the first departure time and FDP will end when the aircraft is in the “blocks” after the last segment.

Augmented flight—shall be governed in accordance with FAR 117.

Flight hours—the time in hours for each leg commencing when the aircraft starts movement for flight under its own power and ending when the aircraft comes to rest at the destination gate or parking location.

Flight time limits—shall be governed in accordance with FAR 117. Unaugmented flight time is limited to eight (8) or nine (9) hours based on the start time of the pilot’s flight duty period. Augmented flight time is limited to thirteen (13) or seventeen (17) hours based on the size of the augmented flight crew.

Special High Risk Charter (SHRC)— Flights between the continental US and locations outside the continental US for removals that are unable to be served by a daily scheduled large aircraft charter flight for reasons including but not limited to the following: uncommon or long-distance destination; failure to comply with removal proceeding, high profile removal, etc.

1.2 Period of Performance (anticipated)

2.0 Daily Scheduled Large Aircraft Flights

2.1 Aircraft Requirements

The contractor shall provide eight (8) dedicated aircraft for Daily Scheduled Large Aircraft flights. Each aircraft must have a minimum of 150 passenger seats: at least 136 for alien nationals/ICE Officers, 13 for contractor-provided security guards and 1 for the contractor-provided flight nurse. In addition, each aircraft must be configured to permit augmented flights in accordance with FAR 117.

The contractor shall provide two (2) standby aircraft for Daily Scheduled Large Aircraft flights. Each aircraft must have a minimum of 150 passenger seats: at least 136 for alien nationals/ICE Officers, 13 for contractor-provided security guards and 1 for the contractor-provided flight nurse. In addition, each aircraft must be configured to permit augmented flights in accordance with FAR 117.

2.2 Aircraft Availability

Dedicated Daily Scheduled Large Aircraft shallwill be available for flights seven days per week. Flights may be to single or multiple destinations normally with a maximum of 9 hours flight time scheduled per day. In accordance with FAR 117, scheduled flights exceeding 9 hours with 3 or fewer segments may be augmented to provide up to 13 hours flight time.

Standby Daily Scheduled Large Aircraft arewill be required to depart with fourteen (14) days advance notice. The advance notice will includes the minimum number of flight hours and minimum number of days the Standby Daily Scheduled Large Aircraft will be utilized. Flights may be to single or multiple destinations normally with a maximum of 9 hours flight time scheduled per day. In accordance with FAR 117, scheduled flights exceeding 9 hours with 3 or fewer segments may be augmented to provide up to 13 hours flight time.

Aircraft type, performance, and flight crew qualifications must permit year-round operation with full passenger loads into and out of all Central and South America major commercial airports (including Tegucigalpa, Honduras, and Guayaquil, Ecuador). If, for destinations such as Toncontin International Airport (Tegucigalpa, Honduras), access is restricted by the host government to certain aircraft types/models, the contractor will provide an aircraft suitable to meet those restrictions with comparable performance and number of seats. Air stairs are not required but may be advantageous in meeting the requirement to operate into and out of all Central and South American major commercial airports. The Contractor will be responsible for ensuring the ability to board and deplane at all locations including the provision of any equipment required to facilitate boarding of handicapped/special needs passengers.

2.3 Flight Notice Requirements

To facilitate flight planning, schedule requirements will usually be provided to the Contractor no later than 24 hours prior to the initial departure time of a flight. If an emergent requirement occurs for a departure in less than 24 hours, the vendor will make best effort to comply, but will not be contractually obligated to make the flight.

No later than 12 hours prior to each scheduled departure time, the aircraft registration number, crew identification, and crew qualifications will be provided to the COR. Not providing this information within 12 hours of the scheduled departure may result in a determination of non-availability of the flight by the COR. In the event the aircraft/flight crew/security crew/flight nurses are not available for a regularly scheduled departure, any resulting costs incurred by the government will be assessed as liquidated damages.

2.4 Operating Locations.

Normally, flights will depart and return to the operating locations below; however, when directed by the COR an aircraft/crew may be scheduled to stage the day prior for an early departure or to remain over night at an en route location. On those occasions, costs for remaining overnight will be reimbursed as ODCs as described in para 5.4. Following are the Daily Scheduled Large Aircraft operating locations:

· Phoenix-Mesa Gateway AP, Mesa, AZ. (2 aircraft)

· Alexandria International AP, Alexandria, LA. (2 aircraft)

· Brownsville/South Padre Island International AP, Brownsville, TX. (1 aircraft)

· San Antonio International AP, San Antonio, TX. (2 aircraft)

· Miami International AP, Miami, FL. (1 aircraft)

2.5 Sample Historical Summary of Flights (six-month period):

SAT

(one of two acft shown)

United States

Total

AEX

(one of two acft shown)

United States

Total

IWA

(one of two acft shown)

United States

Total

MIA

United States

Total

BRO

United States

Total

Sample of Phoenix-Mesa Gateway Routes (two-week period).

ELP-MSLP; MGGT; MSLP; ORD-STL; MGGT-MHLM; BFI-SAN; ELP-MSLP; ELP- MGGT; MGGT-MHLM; MGGT; BFI-SAN.

Sample of Alexandria Routes (two-week period).

ELP-MHTG; CSG-LRD; ELP-MGGT; HOU-MGGT; ELP-MHTG; MIA-HRL; CSG- HRL; CSG-MGGT; HOU-MGGT; CSG-MSLP; CSG-ELP.

Sample of San Antonio Routes (two-week period).

HRL-SAL; ORD-DAL-ELP; AEX-SDG; HRL-GUA; ELP-SAP-MGA; HRL-SAL; HRL-GUA; CSG-ELP; MDT-HRL; AEX-MIA-MHTG-MGGT; MIA-HRL; LRD- MHTG; IAH-CSG-MHTG; MHTG; HRL-MSLP; AEX-MIA-MHTG-MGGT; MIA- ELP; AEX-MSLP; MHLM; MHTG; MDT-HRL; IAH-CSG-MHTG; MHTG; MDT- HRL; AEX-MIA-MHTG; MIA-AEX-HRL.

Sample of Brownsville Routes (two-week period).

MGGT; MHTG.

Sample of Miami Routes (two-week period).

MIA-HRL-MIA; MIA-BOS-MIA; MIA-MDT-CMH-SAT-MIA; MIA-MGGT-MHTG- MIA; MIA-MSLP-MHTG-MIA; MIA-MTPP-MDSD-MIA; MIA-MUHA-MIA; MIA- SAT-CMH-MIA; MIA-SAT-MNMG-MIA.

3.0 Large Aircraft SHRC Flights

3.1 Large Aircraft SHRC Requirements

Depending on the number of seats required for a flight, Large Aircraft SHRC’s will utilize one of three sizes of aircraft with the following approximate number of seats: 150-170, 170-200, and 200-300. In general, these would be comparable in size to ETOPS certified Boeing 737,757, and 767 aircraft. The option to request the size of aircraft for these missions will remain the sole discretion of ICE Air in order to reduce the amount of stops required to reach distant destinations. These types of large missions generally do not occur more than once a quarter, but can happen more frequently on some occasions.

3.2 Large Aircraft SHRC Flight Hour Rates

A flight hour rate for Large Aircraft SHRC missions will be provided separately from the daily charter rates and will be broken into three categories: one rate for a large wide bodied aircraft (200-300 seats) similar to the 767, one rate for a mid-sized aircraft (170-200 seats) similar to a 757, one rate for a smaller aircraft (150-170 seats) similar to the 737. Invoicing will utilize the hourly rate for the size aircraft used, with requirements and charges as outlined in Section 5.0.

3.3 Large Aircraft SHRC Scheduling

Large Aircraft SHRC will be required to depart with no more than 20 days advanced notice. Itinerary and seat requirements specific to a flight will normally be provided by the COR a minimum of ten days prior to the desired departure date and the Contractor will be available to receive scheduling requirements 24/7. Within 48 hours of a scheduling requirement from the COR, the aircraft registration number, crew identification (including passport number, expiration date, place/date of birth), and crew qualifications will be provided to the COR. Aircraft substitutions less than 10 days prior to the scheduled departure time will only be permitted to replace mechanically deficient aircraft or for other unusual circumstances, but in all cases, require prior approval by the COR to verify validity of the requirement for a change of aircraft.

3.4 Large Aircraft SHRC Crewmembers

Large Aircraft SHRC flights will be completed with the minimum number of flight crewmembers required to meet the schedule at the most economical cost to the government. Included with the crew will be an onboard Management Representative to pay fuel/parking/clearance bills that arise during the flight. Crew lodging and per diem will not exceed government rates for the same locations.

For each flight, a backup aircraft and crew will be available if the primary aircraft/crew are unable to meet the scheduled departure time. Aircraft and crew will be in position and ready for departure a minimum of 3 hours prior to the scheduled departure time.

3.5 Large Aircraft SHRC Personnel Qualifications/Requirements

If included in the scheduling requirement, contractor security guards/flight nurses will meet the same qualifications/requirements described above in paragraph 4.15 except that the ability to speak Spanish may be waived by the COR. The Contractor will provide security guards in the manner as provided for on the daily charter missions and provide a minimum of 26 guards for each flight. Guard positions may be substituted for ICE personnel as deemed necessary by IAO.

3.6 Large Aircraft SHRC Routes

Following are samples of Large Aircraft SHRC routes (aircraft performance permitting, and when authorized by the COR, some of the en route locations may be overflown):

· AEX-SJU-SID-LOS-SID-JFK-SAT

· MIA-TJSJ-GOOY-DNMM-GOOY-TJSJ-MIA

· IAG-SJU-GOOY-DGAA-DNMM-GVAC-SJU-MIA

· IWA-ONT-HNL-PWAK-PGUM-RPLC-PNH-ZSFZ-MNL-GUM-PWAK-HNL-LAX,

3.7 Catered Meals

All Large Aircraft SHRC flights will require catered meals for all passengers of commercial airline quality. Occasionally, Halal meals will be required. Legs of up to two hours will require a snack. Legs up to four hours will require a hot meal. Legs of four hours or more will require both a hot meal and a large snack. Sufficient bottled water for all passengers and crew will be provided for each leg.

4.0 Clearances and Approvals

The Contractor shall be responsible for obtaining all required clearances relating to the aircraft, personnel, and subcontractors, to include passenger fees, overflight clearances, airport and customs fees.

4.1 FAA Certifications

All flights must be operated by an FAA-certified air carrier/commercial operator under 14 CFR Part 121 or 135 and in accordance with FAA/IACO authorizations and regulations.

4.2 Acceptance Process

The US Government shall assist with expediting the acceptance process of the aircraft and crew into the United States where possible.

At the time of a flight, the vendor will be required to submit for the next flight both primary and backup flight crew identification (full name, passport number, passport expiration date, place and date of birth) as well as information for both the primary and backup aircraft (to include the FAA registration numbers, aircraft owner(s), number of seats/configuration, and make/model of each aircraft). The aircraft should have identical (or very similar) paint schemes and these will be the only aircraft authorized to operate for the flights. The aircraft operator must possess any permits and licenses required to operate passenger flights between the United States and Cuba and will obtain all necessary flight and landing clearances for each flight. ICE will not assist in obtaining permits and/or operating clearances.

4.3 Flight Plans

Flight plans should be filed for direct flights with minimum en route technical stops. En route technical stops require prior approval from the COR.

As authorized by FAA 7110.65, for domestic routing the Contractor will ensure that each flight plan includes the following in the remarks section: “Request Operational Law Enforcement Priority.”

Flight crews shall report no more than one (1) hour prior to the first scheduled departure time with FDP ending when the aircraft is parked at the completion of the last flight. For all flights, takeoff will be accomplished after gate departure without undue delay unless caused by the controlling civil aviation authority.

Copies of flight plans (including any with changes made by the flight crew) will be made available for review when requested by the COR.

5.0 Pricing/Costs

5.1 Wet Lease

All flights will be for a total wet lease to include: aircraft; flight crew (using the minimum number required to complete the flight); security crew / flight nurse / flight mechanic (Daily Scheduled Large Aircraft); aircraft-to-medical doctor communication capability; maintenance; insurance; fuel (at $2 per gallon); de-icing; all airport handling, parking, and landing fees; all over-flight fees; passenger taxes; airport/FBO handling fees; cleaning fees and lavatory servicing fees; Customs fees; personnel visa/inoculation charges; and all other miscellaneous fees and taxes associated with each flight. Aircraft lavatories will be serviced prior to each flight. The Contractor shall be responsible for obtaining all required clearances relating to the aircraft, personnel, and subcontractors. Separate charges for any items other than the authorized Other Direct Charges (ODCs) described in paragraph 5.4 will not be reimbursed.

5.2 Flight Hour Rate

Flights will be invoiced using the flight hour rate appropriate to the type of flight as requested by the COR. A fuel base of $2/gallon will be included in all hourly rates.

Each of the five Daily Scheduled Large Aircraft operating locations will have an inclusive total hourly rate for aircraft, flight crew, security guards, and flight nurse. Although the flat rate per flight hour at each location will be used for invoicing and payment, all pricing proposals submitted must include a breakdown of the flight hour rate into each applicable service component of the wet lease described above in Section 5.1 of the SOW.

Large Aircraft SHRCs will have three flight hour rates based on aircraft size within the following range of available seats: 150-170, 170-200, and 200-300. Additionally, an hourly rate per aircraft security guard will be provided should guards be required for a flight.

Flight hours for each segment shall be expressed in hours and actual whole minutes. Minutes shall not be rounded up or down. Flight hour charges will be computed for each leg using hours plus actual unrounded minutes of flight time converted to hundredths of an hour (minutes divided by 60 and then rounded up or down to two decimal places) multiplied by the cost per flight hour. Only flight hour charges submitted with complete flight logs will be reimbursed.

5.3 Positioning Costs

Costs for positioning/de-positioning of aircraft and/or personnel to or from the primary operating airport (MIA, AEX, SAT, BRO or IWA) or Large Aircraft SHRC departure/final destination airports (except for flights originating and/or terminating at international locations) or to/from airports for commercial flights (including parking); and on or between airport operating/parking areas, will be included in the wet lease price and not invoiced separately. Only pre-approved and documented positioning/de-positioning ODC submissions will be reimbursed.

5.4 Other Direct Costs (ODC)

Except for fuel charges exceeding $2.00 per gallon, and after prior approval by the COR, only the following ODCs may be invoiced: 1) catering for alien nationals only on Daily Scheduled Large Aircraft flights; 2) flight crew augmentation to permit longer flights; 3) crew remaining overnight (RON) (to include rental cars, hotel charges, and per diem for crews); 4) crew staging to permit longer flights; or, 5) obtaining special equipment (not already required for the operator to comply with Title 14 CFR, Part 382) for the boarding and deplaning of handicapped/special needs passengers (see paragraph 5.6 for cost restrictions); 6) obtaining aviation training; 7) Required aircraft ramp maintenance: 8) any non-flight related requirements directed by ICE Air.

A flight plan or flight itinerary will be provided to the COR for augmented crew, RON, and crew staging ODC requests prior to approval.

5.5 Fuel

Fuel costs of $2/gallon will be included in the total wet lease aircraft hourly rates.

Verifiable fuel charges to support ICE flights only, which exceed the base price of $2.00 per gallon, will be reimbursed as ODCs. The pounds-to-gallon conversion rate will be 6.79 pounds per gallon.

5.6 Hotel/Rental Car/Per Diem/Commercial Air Travel

When flight itineraries require pre-positioning or overnighting of crews, after COR approval, the contractor will be reimbursed consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985 and FAR 3 I .205-46(a)(2). Claims for this expense item shall be supported by paid receipts. World-wide government hotel and per diem rates may be accessed at the following link: http://aoprals.state.gov/web920/per_diem.asp. Commercial air travel will be at the lowest available coach rates, and rental car charges, unless specifically authorized by the CO or COR, will not be reimbursed. When crew staging is required, only costs of commercial travel tickets, hotel, and per diem will be reimbursed.

6.0 Flight Performance Issues

6.1 Late Departures and Arrivals

The return of alien nationals to their countries of origin requires large expenditures by participating foreign governments in resources, facilities, and personnel. Scheduled arrival times are the result of diplomatic negotiations and any delays can result in diplomatic relations difficulties, inconvenience to foreign officials/administrative personnel, and additional costs. Because arrival at the scheduled time is so important: unless caused by the government, a flight that departs the gate or loading area to commence taxi for takeoff more than one (1) hour after the scheduled departure time will be termed a late departure; unless caused by the government, a flight arriving at a destination more than one (1) hour after the scheduled arrival time will be termed a late arrival. More than three (3) late departures or more than three (3) late arrivals or a combination of both during the period of performance will result in a review for possible contract termination for non-performance.

To determine applicability of performance measures, the COR will use departure and arrival times recorded by the onboard ICE Officer in Charge and agreed to as being accurate by the senior onboard contractor representative. Any departure time disputes will be resolved before the aircraft leaves the gate or departure area.

6.2 Recovery of Costs Incurred

The Government may recover from the Contractor costs incurred owing to contractor-caused late departure, late arrival, non-available, or cancelled flights. A replacement aircraft, once approved for use by the COR, shall have performance and seating capabilities the same as or greater than those of the originally scheduled aircraft.

6.3 Cancellations

Any flight, owing to contractor-caused delays, unable to depart the gate or loading area prior to the “latest departure time” provided for each flight by the COR may be cancelled. Additionally, for maintenance problems a final “go/no go” decision by the COR/CO will be required no later than two hours prior to the “latest departure time.” “No go” flights will be cancelled. Upon Notice of Cancellation due to Non-Availability, the Contractor may be assessed all costs incurred by the government resulting from the cancelled flight, including but not limited to ICE Officer per diem, bus transportation, and any and all related detention costs accrued per alien national for each day required to be detained at government expense beyond the original scheduled departure time. Charges may be assessed regardless of whether or not the Contractor is able to make an aircraft available in time to meet the re-scheduled departure time.

6.4 Mechanical Failures

ICE will not be responsible for costs incurred because of mechanical failure or for any reason not caused by the government.

6.5 Additional Incident/Accident Costs

In the event of an aircraft incident/accident, the Contractor and/or contracted certificate holder shall be responsible for all resulting costs including all those for family care and assistance (for example: transportation, lodging, and meals).

7.0 Flight Crew Requirements

The Contractor will certify in writing to the COR prior to any flight, that all contractor personnel (including pilots, flight attendants, security crewmembers, flight nurses, and maintenance personnel) are US citizens, have successfully completed a seven-year criminal background investigation within the previous twelve months, and that based on the results of that background investigation, a determination has been made that all personnel are qualified to perform duties associated with these flights. Any felony conviction, regardless of when occurring, will preclude qualification.

All pilots, flight attendants, flight nurses, and security crewmembers shall have valid passports with any visas and inoculations required to permit departure from and entry into the United States and all scheduled foreign destinations. Charges for any of these items will be included in the total wet lease hourly rate.

All crew members shall be expected to be in good physical condition, and the Contractor will be financially liable for all costs associated with flight deviations occurring as a result of illness experienced or other delays caused by their crew members.

Daily Scheduled Large Aircraft charter flights will include contractor security guards and flight nurses as crewmembers. On Large Aircraft SHRC flights, up to 26 contractor security guards may be required as described in the associated Task Order.

The Contractor will pay for the vaccination for all contract guards and flight crew in accordance with the Center for Disease Control guidelines for travel to foreign countries.

7.1 Guard Crew Duties and Requirements

Guard crew duties may normally include, but are not limited to, the following tasks: searching the aircraft for contraband, searching alien nationals for contraband, loading and unloading alien nationals (including those handicapped and/or requiring special assistance) and property onto and off the aircraft, feeding alien nationals in flight and assisting in cabin cleanup afterwards, identifying proper documentation, escorting to rest rooms, assisting with perimeter security when requested, restraining alien nationals or removing restraints, and ensuring general security and safety of alien nationals when onboard the aircraft.

Daily Scheduled Large Aircraft contractor guard crews will normally consist of thirteen (13) personnel (two of thirteen female, at least seven of thirteen fluent in both Spanish and English). Guard crew personnel shall be under the operational control of the contractor either as an employee or acting as a de facto employee by a subcontract relationship. ICE Officer(s) will be responsible for the custody of any alien national passengers.

All daily charter missions will have at least one contract guard aboard that speaks the native language of the destination country.

The guard crew shall not carry weapons (including less than lethal).

The Contractor will ensure and certify by letter to the COR that contract guard crewmembers meet one or more of the following minimum requirements: (a) one year of full-time experience as a corrections/detention officer within the United States; (b) one year of full-time law enforcement experience while employed by a United States federal, state, county, city or municipality law enforcement entity, or the United States Military; or (c) three years of non-administrative United States military active duty plus completion of an ICE-approved security training program, to be provided and administered by the security subcontracting GSA schedule holder at no cost to the government. ICE will not provide training for contractor guard personnel. All guard personnel must be 1) a U.S. citizen residing in the United States; 2) certified as security officer in the state where their work is to be conducted, and must maintain those certifications; 3) pre-employment screened including psychological testing, honesty and integrity validation, employment verification, criminal records checks, credit checks, driver’s license check, pre-employment and random drug screening—all of which will be continuously monitored and checked on an annual basis; and 4) possess a successful background and security investigation with no derogatory references. Any instance of criminal conviction, or non-disclosure of same, will preclude an individual from eligibility to act in any crewmember position.

7.2 Uniforms and Personal Protective Equipment

Contractor guard crews and flight nurse personnel will all wear similar leather shoes, khaki pants, and solid color polo shirts with black nametags (white lettering) and no other insignia—no tee shirts, jeans, or tennis shoes will be permitted—and, shall provide for the care, custody, and security of the passengers during the transportation process only. Personal Protective Equipment (PPE), such as latex gloves for use during searches of alien nationals, will be provided at the discretion of the contractor and at no cost to the government.

7.3 Flight Nurse Language Proficiency

The flight nurses shall be proficient in the Spanish and English languages and a licensed physician, nurse practitioner, or registered nurse able to demonstrate proficiency in aviation medicine through a recognized United States accrediting organization. The following apply to duties performed by the flight nurse:

· Involuntary medication will not be administered.

· Medications will be administered only as prescribed by a credentialed medical provider (i.e., a physician, physician assistant, or nurse practitioner).

· Medication administration procedure must assure that the correct medication, dose, time and route are administered to the correct patient.

The flight nurse will maintain currency qualifications to provide urgent first responder care, including use of an Automated External Defibrillator. The contractor will certify flight nurse qualifications and provide documentation of the certifications to the COR.

7.4 ICE Flight Nurses

It is possible that sometime during the period of performance of the contract, ICE Flight Nurses may be assigned to the flights and the contractor-provided flight nurses will no longer be required. If occurring, ICE will give a two-week notice to the Contractor.

8.0 Additional Requirements

8.1 GSA Schedule Compliance

GSA Schedule 599 holders are responsible for being in compliance with their GSA Schedule contract, to include obtaining any required GSA approvals and maintaining required safety standards. The aircraft operator must be Federal Aviation Administration (FAA) certified and operate as an air carrier/commercial operator under 14 CFR Part 121 or 135; operate the aircraft in accordance with FAA/ICAO authorizations/regulations; and use only pilots and crewmembers qualified, current and authorized to act as flight crewmembers under the vendor’s air carrier/operator certificates. Flight attendants will be provided as required to meet flight safety and FAA requirements, but will not interact with the alien nationals, US Government officials, or foreign government officials. Unless specifically permitted otherwise, all aircraft will be US Flag/registered and all contractor personnel will be US citizens.

8.2 Additional Available Seats

The Government reserves the right to occupy any additional available seats at no additional cost. When alien national passengers are transported, each shall be allowed baggage not to exceed 50 pounds. Onboard US Government officials will be responsible for all direct liaison and discussion with foreign government officials regarding passenger immigration and the reasons for their transport.

8.3 Other Government Agencies

ICE reserves the right to allow other Federal Government agencies to use these aircraft in emergent situations.

8.4 Medical Equipment

Large Aircraft (150 seats or more) must have at least two enclosed lavatories and be equipped with at least one Automated External Defibrillator (AED) plus at least one commercial airline standard first aid kit. Additionally, for all flights the contractor will provide 24-hour airborne communications access to physician medical assistance/guidance, either using a company physician or a sub-contractor such as MedAire.

8.5 Data Protection

Prior to each flight, ICE will provide the Contractor the names and identifying information of each foreign national and escort officer on the flight for inclusion in the flight plan. ICE will transmit the information encrypted and password-protected via email, and provide the Contractor the password in a separate email. Subsequent transmissions of the information by the Contractor (e.g., to a subcontractor) will also be encrypted and password-protected if sent by email. If sent via fax, the Contractor will notify the recipient before transmission to ensure receipt. The Contractor will retain this information for 180 days after the flight. The Contractor will require that any subcontractors also adhere to these requirements for transmission of data and retention. The requirements above apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the Contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions and requirements set forth in this paragraph will be attributed to the Contractor.

8.6 Aircraft Parking and Servicing

The Contractor shall park the aircraft at loading and unloading locations within the selected airports after coordination with the COR. The Contractor will be responsible for servicing the lavatories and cleaning of the aircraft prior to each flight. All costs and fees for ground servicing and support, including towing, parking, airport positioning/depositioning, fuel, lavatory servicing and aircraft cleaning, will be the responsibility of the Contractor. During hot weather operations, the contractor will ensure that air conditioning carts are used to supplement onboard aircraft cooling systems when required to maintain comfortable cabin temperatures while on the ground. The contractor is responsible for ensuring the ground support equipment (GSE) is available and operational at all stops to support the aircraft assigned to this contract as required. If for some reason a piece of GSE is not operational along a route when required due to aircraft maintenance issues or environmental factors the contractor will immediately notify IAO COR of the situation and work on procuring a replacement GSE equipment.

8.7 Liquidated Damages

Non-availability of aircraft and/or crew, mechanical issues, and other instances of Contractor nonperformance will result in assessment of liquidated damages in the amount of $250 per day per passenger for reimbursement of all resulting costs incurred by the government. These costs may include, but are not limited to, ICE Officer per diem, bus transportation, and any and all related detention costs accrued per alien national for each day required to be detained at government expense beyond the original scheduled departure time. Charges may be assessed for cost incurred regardless of whether or not the Contractor is able to make an aircraft available in time to meet a re-scheduled departure time. Aircraft substitutions less than 20 hours prior to the scheduled departure time will only be permitted to replace mechanically deficient aircraft or for other unusual circumstances, but in all cases, require prior approval by the COR to verify validity of the requirement for a change of aircraft.

8.8 Government Responsibilities.

The US Government shall ensure that all passengers to be transported shall have completed security screening and have proper documentation to permit departure to the foreign destination(s).

For Daily Scheduled Large Aircraft flights the COR shall provide flight schedule requirements no later than 24 hours prior to the desired departure time and shall include a “no later than” departure time for each Domestic and International flight.

The US Government shall provide the contractor with a manifest containing the names of all passengers for each flight prior to departure.

The US Government cannot guarantee acceptance of all boarded passengers by foreign governments. Responsibility for handling any incidents of non-acceptance shall fall on the US Government, not on the contractor.

8.9 Key Personnel

The contractor shall provide continuous management oversight to ensure that all services required under the contract are performed in a timely and satisfactory manner. A contractor Project Manager (PM) will be designated who will be available via phone and e-mail twenty-four hours a day, seven days a week, during the contract period of performance. This position is included as Key Personnel in accordance with HSAR 3052.215-70 Key Personnel or Facilities (DEC 2003). Note: The PM will not be a separately priced CLIN; the PM shall be included as part of a vendor’s total, all-inclusive wet lease price.

The PM shall have a minimum of five (5) years project management experience, demonstrating project management support services with large, high risk, sensitive projects and division level management experience managing projects and staff of comparable scope to the effort assigned.

A signed and dated letter of commitment for the PM, including a resume, shall be provided with the offerors’ quotes. The resume shall reflect that the PM meets the minimum qualifications for the position.

8.10 Required Insurance and Liability Coverage. Prior to performance of any services the Contractor shall procure and maintain during the entire contract period of performance the following insurance coverage:

(1) Liability Insurance. The Operator shall procure and maintain during the term of this agreement, and any extension thereof, aircraft and General Public Liability Insurance in accordance with 14 Code of Federal Regulations 205. The minimum required liability limit coverage for each aircraft shall be $100,000,000.00 for each occurrence.

(2) Insurance Certificates. When submitting proposals in response to a Task Order Request for Quotation (RFQ) Contractors shall include copies of insurance certificates and certify that the required insurance coverage will be in force prior to performance of any services. Areas in the certificates denoting Liability and Hull insurance will be highlighted for easy reference.

(3) Workers Compensation. The Operator shall maintain workers compensation insurance providing applicable statutory benefits for all employees performing services pursuant to this Agreement. The cost of such workers compensation insurance premiums is the Operator’s responsibility.

(4) Conditions of Insurance. Each such policy shall insure the Operator’s contractual liability to ICE contained in this Agreement. The geographic limits, if any, contained in each and every such policy of insurance shall include at the minimum all territories over which Operator will operate the Aircraft for which the insurance is placed. If the policy is cancelled, the Operator shall give ICE written notice as soon notification is received.

(5) Other Insurance (s) As Requested. In certain instances, the Government may require additional or supplemental insurance. If required, additional or supplemental insurance requests will be set forth in the Task Order RFQ.

8.11 Summary Reports

The following reports are to be provided to the COR (the Government reserves the right to amend the list at any time):

· Invoice summary reports detailing charges for each flight/billing period with total cumulative charges, total flight hours to date, and flight hours/funding remaining on the contract.

· Monthly and quarterly summary of flights (for each flight include the type aircraft, origination and destination dates/times/locations, number of passengers, type and number of flight hours, invoiced amount) with monthly and cumulative monthly totals or quarterly and quarterly cumulative totals.

· Current pilot (covers pilot certifications and experience levels including type ratings) and current flight attendant rosters. For each individual listed, rosters should include name, SSN, date of birth, place of birth, citizenship, position assigned, and in addition for pilots, certifications and flight time experience.

· Quarterly operational summary Safety Reports (including total number of flights per quarter, total number of flight hours per quarter by CLIN, total number of flights designated by origin-destination pairs, details of any aircraft accidents or incidents including flight crewmembers involved / aircraft type/ registration number / dates / location / number of passengers). Accidents, incidents, and /or violations must be reported immediately upon occurrence.

All reporting will be based upon industry best practices and provided at no additional cost to the Government. The Contractor must ensure the security of all sensitive personally identifiable information (SPII) included in reports.

9.0 Invoicing

9.1 Single Flight Invoices

Invoices will be for a single SHRC flight or for Daily Scheduled Large Aircraft 14-day periods and will include: 1) dates and routes of each flight with domestic and/or international hours flown; 2) subtotals of domestic and/or international hours flown during the invoice period with associated costs; 3) total hours and total wet lease cost for the invoice period; and, 4) an attached legible copy of the flight log used to determine billable flight hours.

9.2 Invoicing Flight Hours

Flight hours are the actual time in hours and minutes for each leg commencing when the aircraft starts movement for flight under its own power and ending when the aircraft comes to rest at the destination gate or parking location. For billing purposes, flight hours shall be expressed in actual hours and minutes only. Minutes shall not be rounded up or down. Charges will be computed using flight time for each leg in hours, plus minutes (expressed in hundredths of an hour), multiplied by the cost per flight hour.

9.3 Invoicing ODCs

ODC invoices will include:

(1) Legible receipts for all invoiced ODC expenses.

(2) Itemized lists for catering expenses.

(3) Itemized fuel expenses for charges exceeding $2.00 per gallon, with fuel receipts.

(4) Documentation of COR approval for ODC expenses (IAW para 5.4). Email correspondence is acceptable.

(5) Documentation of COR approval for non-standard ODC expenses (exceeding per diem rates, late checkout, inflight WiFi).

10.0 Aircraft Mishap/Emergency Response Plans and Aircraft/Records Safety Reviews.

The Contractor and certificated operator shall ensure compliance with the following requirements related to aircraft mishaps/accident response:

· Established accident notification procedures in accordance with Title 14 CFR Part 121, subpart G, § 121.135, Item (23) or 14 CFR Part 135, Subpart A, § 135.23, Item (d);

· Compliance with Title 49 CFR, Chapter VIII, Part 830 – Notification and reporting accidents to the NTSB;

· Compliance with Title 49, U.S. Code, Subtitle VII, Part A, Subpart ii, Chapter 411, § 41113 and will have an aircraft accident plan to address the needs of families of passengers that includes:

1. information detailing the operations and services to be supplied specifically in support of IAO;

2. the requirement for immediate notification to IAO in the event of an aircraft accident/incident;

3. requirements for documented training of those involved in accident/incident response;

4. periodic tests/exercises to ensure effectiveness of the response plan;

· Provide copies of the plan to the IAO Aviation Safety Officer no later than thirty (30) days after award of a task order.

In the event of an aircraft incident/accident, the Contractor and/or contracted certificate holder shall be responsible for all resulting costs including all costs for family care and assistance (for example: transportation, lodging, and meals).

11.0 Safety and Standardization Access

The contractor shall develop, maintain and utilize programs necessary to assure safety of ground and flight operations. The development and maintenance of these programs are a material part of the performance of the contract. When the contractor, in conjunction with the agency Aviation Safety Officer (ASO) determines the safety programs do not adequately promote the safety of operations, the Government may terminate the contract for cause as provided in the “Contract Terms and Conditions” when factors indicate a lack of compliance. The contractor will cooperate to the fullest degree when requests for information regarding IAO Safety Concerns, and Incident investigations are requested of them, to include but not limited to technical data, statements, timelines, training documents, and photographs.

For the purpose of ensuring regulatory and contractual compliance, IAO ASO will have access to the aircraft operator manuals and supporting records that are required by Title 14 CFR Part 121 or 135 and as put forth by Federal Management Regulation (FMR) 102-33.125-185. This access extends to all subcontractors that perform the actual contract scope of aircraft operations (i.e., provides Operations Manual, General Maintenance Manual, Maintenance Manual for ACFT, MEL for ACFT, Training Program manual, Safety Program Manual), these can be supplied as electronic PDF, Word document or HTML internet access read only format. Any determination of non-compliance with Federal Regulations will be communicated at the time of inspection and elevated as required for appropriate action.

Provide IAO ASOs maintenance reports of aircraft discrepancies and trend analysis of the discrepancies by ATA code for the aircraft operated on IAO contracts by separated by tail number on a monthly basis or on an ad hoc request.

IAO reserves the right to ask the Contractor to replace an airframe that is deemed unable to meet operational or safety levels suitable to meet the IAO mission profile. The replacement airframe will remain in place until suitable repairs are made to the aircraft in question. The Contractor and/or Subcontractors that perform the actual contract scope of aircraft operations (i.e., provides the aircraft, flight crew, maintenance, and flight operations), defined as air carriers, will provide the COR and ASOs notification of known aircraft items to be placed into deferral status as soon as possible, but prior to mission start. The IAO Contract Aircraft Deferral Notification form (Attachment A) will be used to notify IAO of the deferred item. The deferral notification form must be emailed to the COR and ASOs and include the Contractor’s and/or Subcontractor’s plan to supply additional support equipment, to be in place at all required stops, to support the aircraft for duration of the mission. The specific deferral items are, but not limited to, the following categories: APU, Electrical Power, Cabin Temperature control, Aircraft pressurization, Seats, Lavatories, and the P.A. system. IAO must ensure that the environment inside the aircraft cabins meet performance-based national detention standards (PBNDS) for detainee passengers. Therefore, the Government reserves the right to cancel or alter a mission, at no cost to the Government, due to one (1) of the listed items being inoperative and the Contractor’s inability to provide additional support to the aircraft at any of the mission stops.

In the event, the Contractor provides an airframe that requires training for the aircraft crew, maintenance or ground handling personnel, IAO personnel, at the government’s expense, will be allowed to participate in the above stated training for familiarization purposes.

The Contractor will provide mounted Satellite phones that IAO personnel can use in cases of emergencies or significant events aboard the aircraft.

The Contractor and subcontractors will maintain good housekeeping practices at all times on aircraft operational ramp and ramp apron areas, to include Foreign Object Damage (FOD) debris removal, general safety practices and maintenance of Ground Support Equipment (GSE). Contractor will dispose of Hazmat in compliance with carrier’s hazmat disposal plan and in compliance with Airport regulations at all IAO aircraft’s base locations.

The Contractor and all subcontractors will be required to participate in an annual tabletop exercise to support the IAO Accident Response plan, as requested.

The Contractor will be required to provide training, at their expense, for the contract guards in the follow areas: cabin safety training equivalent to training provided by Flight Attendant and Cockpit Training Seminars (FACTS), or Civil Aerospace Medical Institute (CAMI), defensive tactics training, security training, handcuffing, and foreign language for non-fluent contract staff to meet contract staffing levels. The Contractor is required to ensure all sub-contractors working under this contract have training that supports any and all requirements called for by the FAA Part 121 carrier certificate. Training will be required within six (6) months of contractors entering on duty and at intervals called for by the FAA Part 121 carrier’s certificate.